


Trials and Kisses

by westwingfanfictioncentral_archivist



Category: The West Wing
Genre: Alternate Universe, F/M, Romance
Language: English
Status: Completed
Published: 2003-04-19
Updated: 2003-04-19
Packaged: 2019-05-15 15:08:08
Rating: Mature
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 7
Words: 6,013
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/14792816
Author URL: https://archiveofourown.org/users/westwingfanfictioncentral_archivist/pseuds/westwingfanfictioncentral_archivist
Summary: Babbish comes down a little hard on Donna.





	1. Trials and Kisses

**Author's Note:**

> A copy of this work was once archived at National Library, a part of the [ West Wing Fanfiction Central](https://fanlore.org/wiki/West_Wing_Fanfiction_Central), a West Wing fanfiction archive. More information about the Open Doors approved archive move can be found in the [announcement post](http://archiveofourown.org/admin_posts/8325).

  


**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"Don't be scared," Josh warned. 

"I would be less so, if you stopped telling me not to be scared every five minutes," Donna stated.

"You're going to do fine."

"Of course," she said with a bit more confidence then she felt. 

The two of them sat outside the White House Council's office waiting for Donna to take her turn with Babbish. He wanted to know exactly what everyone who had been subpoenaed was going to say ahead of time.

"Sam should be here in a minute. He was just finishing the thing with Toby."

"You're not mad, right?"

"Because you picked Sam and not me to be your lawyer?"

"Yes."

"Donna do I strike you as the jealous type?"

She looked at him.

"Don't answer that," Josh warned.

"It's just that I can't afford my own lawyer and Sam, well, you know... He's a real one."

"I'm a real lawyer!" Josh insisted.

"Of course you are."

"I went to Yale."

"You did."

"And I graduated. Very high in my class I might add."

"I'm not surprised. You're probably very good."

"I am," he repeated, sensing that she was placating him.

"Sam's just better."

"Okay that hurt."

"But you're a master politician," Donna added to soothe his ego.

"Well that goes without saying."

They were silent for minute. 

"So I don't want you be scared."

"Ughhh. Josh! I told you. I'm not going to be scared. All I have to do is tell the truth."

"Ah hah. That's where you are wrong. All you have to do is answer the questions that are asked of you, truthfully."

"There's a difference?"

"Yes," this came from Sam who had just walked into the lounge outside the Babbish's office. 

"Don't elaborate. Don't answer anything they haven't specifically asked," Josh instructed.

"I can take it from here, Josh. Trust me she'll be fine."

Josh hesitated for a moment. Looking into Donna's determined but ever so slightly fearful eyes he knew she had no idea what was going to happen, the type of questions Babbish would ask to prepare her for the real thing. 

"Okay. Just don't let her babble, Sam. She babbles like a brook."

"Brooks babble?" Sam asked thinking about it for a minute. "Oh that's right they do. A babbling brook. That's a real thing."

"Thanks for the clarification," Josh quipped.

"I don't babble," Donna countered.

"You do. When you're nervous you babble. And your eye starts to do that thing and the next thing you know you'll be confessing to stealing a candy bar when you were twelve."

"I was eleven. And I took it back. And don't you have like, you know, a country to run and a president to dig out of a hole."

"Sam," Josh said as he gave his friend a steady look that spoke volumes.

"She'll be fine. I promise."

Just then the door opened. Carol came running out the door with tears streaming down her face. Her lawyer, which was her brother, looked defeated as he chased after his sister. 

Babbish loomed in the doorway. "Moss! You're next."

He stepped back into his lair and Donna froze. 

"I'm not scared of him," she whispered.

"Really, because he scares the crap out of me," Josh admitted. 

"You're a real rock, you know that Josh. He's just big. And mean looking. Maybe he's a real teddy bear once you get to know him."

"I don't have all day Moss!" came the loud bellow from deep within the lair that was his office. 

"Or not," Josh countered. "Good luck. And remember no babbling."


	2. Trials and Kisses 2

**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"You're Donna Moss," Babbish stated. 

"Yes," she answered carefully. Then looked at Sam who was seated next to her for confirmation that she had done the right thing. 

He nodded and smiled at her, then focused his attention again on the big man across behind the desk.

"You are Josh Lyman's assistant."

"Yes." She totally had the hang of this now. See, this wasn't so bad. She would have to tell Josh that he got her all upset for nothing. 

"Miss Moss� It is `Miss' Moss correct?"

"Yes. I'm not married. Actually, I was close once, but that ended. Several years ago. And since then there really hasn't been anyone. Much to my mother's displeasure. Unless of course you want to count Josh. Because he's probably worse than a husband�"

"Donna," Sam cut her off. "Babbling."

"Oh. Sorry," she said sheepishly. "I'm a little nervous I guess. I'm sure you understand, Mr. Babbish. It is Mister right?" she chuckled. "That was a joke."

"I understand that. Can we get back to the questioning?"

"Yes," she gulped.

"You were hired by Mr. Lyman during the Bartlet campaign is that correct?"

"Yes."

"What were your qualifications?"

"I'm sorry?" Donna stalled.

"What skills did you possess that would induce Mr. Lyman to hire you as his personal assistant?"

"I'm very useful?"

Babbish grimaced. "You'll work on that answer with her, Sam. Miss Moss do you have a degree in political science?"

"No."

"Miss Moss do you have a college degree."

Her cheeks flamed up immediately. "No."

"You work in the White House as the assistant to the Deputy Chief of Staff and you don't have a college degree? Don't you find that a little odd?"

"Objection," Sam called out. 

Babbish merely held up his hand.

"I do very good work. I'm very good at my job," Donna protested.

"That's fine. Miss Moss what is your relationship with Josh Lyman?"

"What? I don't understand." Donna looked to Sam.

"It's a simple question."

"No, I mean why are you asking me about this? Shouldn't we be talking about the President? Toby was the one who told me, and I never saw anything�"

"Miss Moss."

"But I want to tell you that�"

"Miss Moss," Babbish said sharply. "You have to understand that there is going to be more to this investigation than just the President's health. Sam, didn't you warn her about this?"

"I� No. We didn't think. We weren't sure it would go in this direction," Sam stumbled.

"Sam?" 

"Look at me Miss Moss. I'm the one asking the questions. I'm telling you that these guys are going to use this opportunity to put all of you under oath so they can find any deep dark secret they think you might have. They will do all of this under the pretense of finding the truth but what they really want to do is throw mud at the staff, at the president and at the White House, so that just in case the President does manage to squeak through this, he'll be so covered in dirt from everything else that he won't be able to breath. Now, exactly what is your relationship with Mr. Lyman?"

"He's my boss," Donna answered.

"Just your boss?"

"I guess he's my friend too."

"Miss Moss have you ever had sexual relationships with Mr. Lyman?"

"No!" she shouted and again turned to Sam who sat in quiet disgust. "Of course not!"

"Okay, since the Republicans really took a beating on this the last time they asked that question in a deposition, I'm going to have to be more specific. Are you ready for this?"

Softly, Donna shook her head. 

"Because I'm going to have be explicit and blunt."

"You haven't been up until now?"

"Let's begin."


	3. Trials and Kisses 3

**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"Josh! Josh! You are a dead man walking!" Donna shouted as she made her way through the cubes back to Josh's office with Sam following close on her heels. 

"Actually I'm sitting. Does that still count," Josh mumbled to himself knowing what was about to come. 

Donna stormed into his office and reached for the door behind her to slam it shut but ended up hitting Sam instead. 

"Ow," he said holding his nose. 

"I'm not sorry. I'm not sorry you're hurt," Donna stated. "Okay, I'm a little sorry, but you almost deserved that. And you� and you�." Donna accused pointing at Josh.

"What did I do?" Josh asked even though he already knew the answer based on her current state. 

"You two should have told me. Warned me. Done something. Instead I looked like an idiot in front of Babbish. And for the record�not an ounce of teddy bear anywhere to be found."

"I didn't think so. How did she do Sam?"

Sam, who was still holding his nose, shrugged. "She didn't cry. Or throw anything at him. I thought that was a positive sign."

"It was horrible!" Donna screeched. "I feel like I need a shower."

"I'll take it from here, Sam. Thanks."

Sam nodded and turned to leave. "We're going to have to work on your answers, Donna. Maybe the three of us should sit down."

"Yeah," Josh sighed. "I'll let you know."

"A Catholic Girl School uniform?" Sam asked.

Josh grimaced. "I was hoping that one wouldn't come out."

"We'll work on her answers."

Once Sam was gone, Donna plopped down into the visitor's chair in front of Josh's desk. 

"Did you know?"

"We suspected. We didn't know. We still don't. Babbish has been keeping his ear to the pavement trying to figure out what angles the Republicans are going to take. Apparently, there are some rumors out there� about us�He just wants us to be prepared."

"But that's ridiculous!"

"I wouldn't say it's ridiculous," Josh replied. "I mean not completely. Most women find me very�"

"Josh, Babbish wanted to know if I ever gave you � you know� philately� I can't say the other word�under your desk while you were on the phone with senators."

"Okay, that's an image that's going to stay with me for a while. Look, Donna I know it was hard. I know it seems as if he was being tough on you but trust me when I tell you he's a pussycat compared to what the real deal is going to be. The trick is knowing how to answer truthfully without giving anything away."

"But we've never� I mean we haven't�"

"I know."

"We've never had sex."

"I know."

"And we only kissed that one time."

"I know."

"What if they ask me that? What am I going to say?"

Suddenly Josh does a double take. "Wait a minute. Go back. What did you say?"

"I said we never had sex. And we haven't. Because let me tell you Josh if we had� you would remember it."

"I have no doubt. I didn't mean that. I meant the other thing."

"The kiss?"

"Yeah."

"What about it?"

"Donna we've never� I mean I'm pretty sure I would remember that too. Are you talking about like on the cheek or something? Because maybe at Christmas one year�. "

"You don't remember?" The tenor of her voice dropped and Josh had to start seriously thinking.

"I�" No way. If he had ever kissed Donna he'd remember it. Wouldn't he? Unless of course he was�

"You were drunk," she told him. 

Damn his sensitive system. "When?"

"You really don't remember? I thought you just said that because you didn't want to be embarrassed."

"I have a reason to be embarrassed?" This did not sound good. Not only had he kissed Donna, but he'd done it badly. 

"It was during the campaign. We just won Pennsylvania in the primaries and we all went out to celebrate. You got loaded and I had to take you back to the hotel. I helped you to your room, but before I could get you inside, you pinned me against the wall and kissed me."

"What did you do?"

This was the time to practice answering truthfully without giving too much away, Donna realized. "I pushed you away."

"Oh." He wished he hadn't sounded so disappointed.

"You were dating, Mandy."

"Oh."

"Then I punched you in the stomach and you puked on my shoes."

"Oh."

"It's how I found out you had a sensitive system."

"Right."


	4. Trials and Kisses 4

**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"Hey." Sam popped his head into Josh's office. 

Josh looked up and nodded. 

"Where's Donna? I thought we could schedule some time together."

"She's down in the mess."

"Okay, I'll come back."

"Hey, Sam." Josh stopped him before he could leave. "I think I should tell you� I mean we may have a small problem."

Sam closed the door to Josh's office and sat down. "I was afraid of this. I mean it's not like I didn't suspect something was going on. We all did. It's just that now would be a really bad time for it to come out. Especially before you guys have had a chance to go public."

"What the hell are you talking about?"

Sam looked confused. "You were just about to tell me and that you and Donna are a � a thing. Weren't you?"

"No! You think we're a � thing? I mean you think that we're� that we've been�"

"Doing it? Yeah."

"Well, we're not."

"That's good. That's what she said. I didn't think she would lie. Especially after the Catholic Uniform thing."

"Right."

"What was the deal without anyway? I mean Donna's not even Catholic and you're Jewish�"

"Sam, can we focus. Donna and I are not having an affair, but �"

"Why not?"

"What?"

"I was just asking. I mean you guys are close. Real close. You're like team. You're like Ozzie and Harriet. Starsky and Hutch."

"You just named to men."

"You know what I mean. Don't you think she's pretty?"

"Yes, I think she's pretty. Of course. She's a very pretty woman. Anyone would think she's pretty. That's not the point."

"So its you," Sam concluded.

"What's me?"

"Donna must not find `you' very attractive. Clearly she cares for you. That was evident after� you know the thing last year. Maybe she's just not attracted to you."

"I'm sure that's not true," Josh stated arrogantly. "I'm pretty sure that's not true. Look can we stop talking about this. The bottom line is that although we are not sleeping together there was an incident."

"An incident?"

"I kissed her. In Pennsylvania apparently."

Sam laughed then. "That's right! You kissed her and she punched you in the stomach and you blew chunks all over her shoes. It was really disgusting."

"You know about it?" Josh asked incredulous.

"I was there. I left right after you guys did. My room was next to yours. I saw the whole thing."

"The whole thing?"

"Yep."

"So you saw me kiss her too."

Sam thought about it for a second. "Yeah."

"Exactly what happened," Josh prodded. "I mean before the puking."

"Well, she was trying to hold you up and get the card key in the door at the same time. You know she's really freakishly strong for a girl."

"Sam, the kiss."

"Right. Uhmm� You put your hands on her shoulders and pressed her against the door. And said something like, `I have to do this.'"

"I said that?"

Sam nodded.

"I don't remember."

"I know but you said it. Then you leaned in and kissed her. Donna kinda squeaked."

"Squeaked? Like a good kind of squeak? Like maybe it was more of a high pitched sigh."

"Okay. Then you moaned."

"I did."

"I couldn't tell if it was because you were kissing her or you realized you were about to get sick."

"Thanks, Sam. You're a real pal."

"Then you spilled your guts. Literally."

"Again thanks."

"I don't think we need to worry. If any lawyer makes Donna tell that story no one in his right mind would believe you two are having affair. I mean what woman would ever get involved with a guy who puked on her shoes after kissing her."

"Not many" Josh said sounding somewhat disappointed.

"No. But that's good. I mean it's good that you two are not having an affair. They won't be able to find any dirt."

"Yeah," Josh sadly agreed. "That's the greatest news I've heard all day. Donna would never consider getting involved with me. Wooohoo! Let's have a parade."

"I'm sensing sarcasm."

"You think? Look I've got to get back to work. I think there's something I need to be doing� Oh yeah, that's right. I've got to save the president's ass and figure out how we are ever going to win reelection. I knew it was something big."

"So I'll come back, later. And we'll talk about how she needs to answer the questions without telling anyone that you want her to prance around in a Brittany Spears costume."

"Right."

Sam got up to leave. 

"She did squeak though. A good squeak."

"It was a � girly squeak. Definitely girly."

"I'll take it." Josh bent his head again the pages spread out on his desk.

Sam couldn't suppress his smile as he quietly shut the door behind him. "He is so whipped," he muttered to himself.


	5. Trials and Kisses 5

**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"Give me the numbers again." 

It was after midnight and the two were huddled over Josh's desk reviewing the polling numbers.

"You mean the Joey Lucas numbers," Donna answered not quite able to keep the resentment out of her voice just then when mentioning Joey name. 

Josh heard the change in tone immediately. "Don't give me a hard time about this."

"I'm not."

"You are. I can hear it. I needed Joey," Josh tried to explain although he was still unclear why he felt guilty about the whole situation.

"Joey's very needable," Donna agreed.

"That makes no sense."

"You know what I mean."

"Practically never."

"I just mean that it doesn't surprise me that in a time of crisis you turned to someone with whom you have an emotional attachment."

"I do not have an emotional attachment to Joey Lucas. I trusted her to take the poll and keep her mouth shut. Why are you getting all weird about this?"

"I'm not getting weird." Except she thought she felt her left eye starting to twitch.

"You're mad because I told her before you. That's it isn't it? You know I wasn't supposed to tell anyone. Leo and Toby agreed that we needed a poll, she's the only person who�"

"You could trust," Donna finished. "I get it." After a pause she casually, or at least she hoped it was casually, asked. "So how did she look?"

Josh sighed deeply. Oh yeah he was going to pay for the whole Joey Lucas thing. It didn't matter that all he had her do was conduct a poll, or that not six months ago Donna had practically insisted that he ask her out. Nope, he was going to be the bad guy in this scenario. So for fun he thought he might as well be the really bad guy. 

"She looked good."

Donna glanced up from her index cards somewhat incredulous that he would actually be honest with her at a time like this.

"Yeah?"

"Yeah," he repeated. "Real good. She did something with her hair I think. It was lighter."

"You mean blonde? Is Joey dying her hair blonde?" There was some satisfaction in that. 

"No, more like highlights. It's nice. You know not all one color like�"

"Like mine? Is that what you were going to say?" Irritation had quickly transformed itself into anger. How dare he mock her true blonde locks. Did he have any idea how rare it was for a woman to be an actual blonde?

"Donna, Donna, Donna. If I didn't know you better, I would have to say that you sounded a little jealous." The dimples appeared in full force. 

It was time to knock that smug expression off his face. "Don't be ridiculous. I like Joey. In fact, if I remember correctly I was the one who suggested you should ask her out."

"I remember that now. You were really excited about it. Kept pestering me and badgering me and yet now you sound slightly jealous. What do you think that's about?"

"I'm not jealous. And I still think it's a good idea. You should call her up. Now that the cat is out of the bag, there's no reason why you two can't resume your� relationship." Donna had to practically choke the word out

This confused Josh. She wasn't serious about him asking out Joey. Was she? Or was this just more misdirection? "You think I should call Joey?"

"Absolutely. You can take her out for a nice dinner."

"Dinner?"

"Maybe some dancing."

"Dancing? Really?"

"And some wine. Definitely some wine. Red wine. Maybe a Merlot."

"But you know red wine goes right to my head," Josh grumbled completely feeling as if he had lost control of the conversation somewhere around the time the word highlights actually came out of his mouth.

"Hmmm." Donna stood and straightened up her index cards. "Well, I'm calling it a night. I have to go home and NOT dye my hair."

"Donna�" Josh whined realizing he'd taken it a step too far. 

"Oh and Josh," Donna said before she turned to leave. "When you go out with Joey and you eat and dance and drink all that red wine�"

"Yeah?"

"Make sure she's not wearing sandals. After all, it's one thing to puke on a girls shoes after kissing her � it's another thing to do it when she's wearing sandals."

With that Donna left before Josh could retaliate. 

He, however, was not going to let her have the last word. He hopped up and shouted out as he watched her walk through the bullpen, "It was just that one time! I don't always puke on women I kiss!" he shouted.

"And all the women in the land breathed a sigh of relief." 

Disgustedly, Josh turned to find CJ standing behind him. "Leo's right. You need a bell."

"Maybe, but at least I don't throw up on men after a kiss them."

Josh paused considering how to explain that comment. "I � that was just a� joke."

CJ laughed at him. "You idiot, I know what that was about."

"How?"

"Sam told me."

"Today?"

"Three years ago. The campaign trail is a rough place Josh. We all needed something to laugh at."

"So you picked me?"

"We didn't `pick' you."

"Oh."

"You were just very convenient."

"You guys are all heart."

"Politics. It's a team sport."

"You just make that up."

CJ smiled. "Yeah, you like it?"

"No." 


	6. Trials and Kisses 6

**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"I need an age break down of the people who think he's going die again," Josh asked. It was morning and ironically daylight found Josh and Donna in almost the exact same positions they were last night only with different shirts on. 

"You mean the Joey�"

"Okay, let's stop right there. No need to go back down that particular path again."

Donna couldn't help but smile. "That's because you know I won."

"You won?" 

Uh oh. Bad choice of words. If she was claiming victory that meant Josh lost. Josh hates to lose.

"I just meant that �"

"I lost. You won and I lost. I'm not unfamiliar with concept of winning and losing, but I must say the view from this particular side is rather alarming."

"Why?"

"Because in it I'm the loser."

"Yes, but you're not A loser and shouldn't that count for something?"

"I'm not conceding total defeat yet."

"You really should," Donna recommended sympathetically. 

"Just because you had the last word."

"Yes."

"And because I puked on your shoes."

"I know you're going to consider this crazy, but I don't really consider that a winning moment."

"No?"

"I had to throw away the shoes."

"I'm never going to live this down am I? Are you aware that CJ knows? No doubt Toby does too."

"Oh Toby knows. He was actually the wittiest when we all used to joke about it."

"So you did this all the time? Mocked me?"

"Not all the time."

"That's heartening."

"Just anytime Mandy got new shoes."

"Okay. That's it. Stand up." Josh stood and moved out from around his desk and then shut the door leading out into the bullpen. 

"Why?"

"Because I'm going to kiss you."

Donna chuckled then she stood up and saw Josh's face. He was serious. The sudden urge to gulp overwhelmed her. Josh was in `competitive' mode. That meant he planned to win this particular argument, which meant she was in for a humdinger of a kiss. Under ordinary circumstances she might consider this a good thing, but with a Grand Jury and several mean lawyers about to delve into what was very dicey territory regarding her feelings for Josh now was not the time to get the spit kissed out of her. All they would have to do is mention Josh's name and she would blush three shades of red and start spilling her guts about red lights and kisses.

"You can't kiss me."

"Yes, I can," he corrected her as he slowly moved towards her. "I am going to kiss you. I am going to kiss you like you've never been kissed before. Then you know what I'm going to do?"

Throw me down on the desk and have your evil way with me? She didn't say that out loud did she?

"Then I'm NOT going to throw up."

Or that would be good to.

"That's right, I'm going to hold all my cookies. You, however, may feel a little lightheaded when it's all over so if you need to pass out then don't worry I'll be here to catch you."

He was in front of her now and when Donna moved to take a step back she realized she had already taken all the steps back that she could and was in fact pinned against the side door. 

"Josh, someone might come in," she squeaked in final protest.

"Good. I want witnesses."

He placed both hands on the door on either side of her head preventing her from escape and leaned in for the kill. 

Then, before his lips touched hers, he stopped. His determined eyes met her wide ones and something in his heart shifted. Suddenly, he didn't want this to be about winning. He wanted it to be about kissing Donna. 

He wanted to kiss Donna. 

She hadn't expected his gentleness. She assumed he just wanted to make a point. But the point he was making now was not just that he was a really good kisser (that was a side benefit) the point he was making now was that he cared about her. That he�

"What in the hell are you two doing?"

Josh lifted his head immediately. "Tell me that's not Leo standing behind me," he whispered just above her lips.

"Okay. That's not Leo standing behind you."

"But it is, right?"

"Yeah," Donna whispered. Then, "Ooohh my eye. Are you sure you don't see it? The contact must have rolled all they way behind my eye. Look harder, Josh."

"Wait," he joined in. "I think I see it."

"Well, that would be interesting," Leo commented dryly. "Considering Donna doesn't wear contacts."


	7. Trials and Kisses 7

**Trials and Kisses**

**by:** Dee 

**Character(s):** Josh, Donna  
**Pairing(s):** Josh/Donna  
**Rating:** MATURE  
**Disclaimer:** They are not mine. They are Aaron's. Lucky him.  
**Summary:** Babbish comes down a little hard on Donna.  
**Author's Note:** This will be a series (I think) that begins with the staff getting ready to give their depositions. Babbish comes down a little hard on Donna  
**Feedback:** It's the other reason why we write. 

"Josh, my office in five minutes." 

Leo walked away and Josh backed off Donna. 

"This is going to be bad on so many levels," he admitted.

"I told you not to kiss me!" Donna accused. "You said I'm going to kiss you. I said you can't. Did you listen? No. Not my fault."

"Way to back me up there, slugger."

"You're right," Donna conceded.

"I am?"

"I'm not being very supportive."

"No, you're not."

"I mean if he fires you�"

"Fire me?" Josh actually gulped.

"I'll be out of a job too."

"That's right. Where I go you go."

"Unless�"

"Unless?"

"Well, Sam might be looking," Donna said innocently. 

"Donna!"

Then she smiled at him and walked forward to rub the remaining lipstick off his lips.

The tingling sensation in her fingers wasn't aided by the fact that he looked as if he wanted to kiss her again. Despite the consequences. "Just tell Leo the story. He'll laugh and call you an idiot."

"You think?"

"Maybe a shmuck."

"Possibly a dumb ass," Josh added with a smirk.

"Possibly." Donna nodded and pulled her fingers away from Josh's mouth before she did something crazy � like replace them with her lips. 

"Go now," she told him.

Josh turned on his heel, then in the next second turned back. "Donna�."

"I know. But we � you know."

"Yeah, but � that was�"

"Uh huh. Maybe sometime�"

"Definitely then."

"Okay. Go now."

Donna watched him leave and wasn't amazed that the most profound conversation that they ever had regarding this � thing � that they had together was completed without one of them speaking in a full sentence. 

She heard every word he didn't say. 

*******

"Leo let me just start by saying that�" Josh began as he entered Leo's office and closed the door behind him. Josh always liked to get a running start on his defense. 

"Josh, shut the hell up. You kissed Donna. What am I supposed to do with that information?"

"I don't suppose you could spread it around the office to a few key people that I didn't throw up afterwards."

Leo looked confused for a minute then he seemed to understand. "That's what that was about. The fact that three years ago you puked on Donna's shoes."

"You know about that?" Josh asked incredulously. 

"I'm in the loop more than you know, Josh."

"I'm beginning to see that. Leo, the point is I was drunk the last time and�"

"Josh I know what happened. Hell, it's how I knew Donna was going to last with you."

"Yeah?"

"She punched you in the stomach. Rather severely if the story is true. That meant she had staying power and she wasn't going to let you get away with doing something stupid. You need discipline."

"So we're okay?" Josh asked hopefully.

"Not quite."

"Leo I was just trying to make a point. That's all. I swear. It was totally innocent."

Leo gave him a disbelieving look.

"Mostly innocent," Josh tried again.

"Do I look like a fool to you?"

"No, sir. In fact you look like the second most powerful man in the world, sir. And if I may say so, a very handsome man at that. Sir."

"Josh, Donna is about to be grilled by some of the meanest, nastiest, hard hitting Republican lawyers in the business."

"I know that, Leo."

"She's going to be asked humiliating questions that make me cringe when I think about the question and then when I think about her answering them."

Josh sighed heavily. "I know. I know and part of me� it's eating me up inside, Leo. Nobody else is going to have to go through that. Not Bonnie, not Ginger, certainly not Margaret."

"Right and you know why."

Josh looked down at his feet.

"Because Toby isn't in love with Ginger and Sam isn't in love with Bonnie and I'm not in love with Margaret."

"Leo," Josh said, trying to laugh. "It was just a simple kiss."

"Nothing between you and Donna is simple. Look, you're a grown man. I can't tell you what to do�. No wait, that's right I'm the second most powerful man in the country I can tell you what to do. Now is not the time to escalate or complicate or agitate whatever it is you have between you two. Am I making myself clear?"

"Yes."

"Don't do anything stupid, Josh. I mean it."

"I won't." Josh assured him. "I know what I'm doing, Leo."

"No you don't. Eating congressmen for lunch .. you're my guy. In this you're an idiot."

"Right." Josh turned and headed for the door. 

"And Josh."

"Yeah?"

"Someday you are going to do something stupid. I know that. Just don't let it be today."

Josh nodded and closed the door behind him.

*******

Later that evening Donna was hanging up the phone after ordering Chinese food for her and Josh. She watched as he tried to sneak by her desk with a package in his hands.

She stood at the door of his office and watched him try to hide the package under his desk. 

"What are you doing?"

"Geez!" he jumped. "Do you have to sneak up on me like that?"

"It's what I do. What are you doing?"

"Nothing," he lied.

"I ordered us dinner."

"Yeah, I'm sorry about that but we need to spend more time on the numbers. It looks like it's going to be late night."

She gasped in mock horror. "You mean it! Really. A late night here in the office!"

"Are you mocking me?"

"Yeah. It's also what I do."

Josh smiled, but a little sadly this time.

"What's under the desk?" she tried again.

"I was going to wait, but�" he leaned under the desk and pulled out a box. 

It looked suspiciously like a shoe box.

"You didn't," Donna smiled as she walked over and opened the lid of the box. Inside were nestled to white sandaled shoes. 

"I figured�"

"How did you know my size?"

"My mother knows. Should I be weirded out by that?"

Donna just laughed. "It's a woman thing, Josh. We know sizes. And thank you."

"You're welcome."

She turned to leave.

"And Donna. Leo's right. Someday I'm going to be really really stupid."

The obvious joke was there, but Donna just smiled. For whatever reason she knew exactly what he meant.


End file.
